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Full-Text Articles in Human Rights Law
Justice Without Power: Yemen And The Global Legal System, Amulya Vadapalli
Justice Without Power: Yemen And The Global Legal System, Amulya Vadapalli
Michigan Law Review
The war in Yemen has remained the world’s worst humanitarian crisis since 2015, and yet it is shockingly invisible. The global legal system fails to offer a clear avenue through which the Yemeni people can hold the state actors responsible for their harm accountable. This Note analyzes international legal mechanisms for vindicating war crimes and human rights abuses perpetrated in Yemen. Through the lens of Yemen’s humanitarian crisis, it highlights gaps in the global legal structure, proposes alternative accountability processes, and uses a variety of sources—including interviews with practitioners and Arabic language legal scholarship—to explicate a victim-centered transitional justice process …
After Atrocity: Optimizing Un Action Toward Accountability For Human Rights Abuses, Steven R. Ratner
After Atrocity: Optimizing Un Action Toward Accountability For Human Rights Abuses, Steven R. Ratner
Michigan Journal of International Law
It is a great honor for me to be here to deliver the John Humphrey Lecture. Humphrey led one of those lives within the UN that shaped what the organization has become today—as one of the first generation of UN civil servants, he was to human rights what Ralph Bunche was to peacekeeping, or Brian Urquhart to UN mediation. To read his diaries, so beautifully edited by John Hobbins, is to see a world that has in many ways vanished, a nearly entirely male club, mostly of Westerners, that hammered out new treaties and mechanisms over fine wine and cigars …
Individual Accountability For Human Rights Abuses: Historical And Legal Underpinnings, Steven R. Ratner, Jason S. Abrams, James L. Bischoff
Individual Accountability For Human Rights Abuses: Historical And Legal Underpinnings, Steven R. Ratner, Jason S. Abrams, James L. Bischoff
Book Chapters
The international legal community is beset today with talk of accountability. Governments, international organizations, non-governmental organizations, and scholars speak of the need to hold individuals responsible for official acts that violate the most cherished of international human rights. Some study the nature of various infractions with an eye toward codification; others seek to create or engage mechanisms for trying or otherwise punishing individuals. Their common mission is based on a shared understanding that international law has a role to play not only in setting standards for governments, non-state actors, and their agents, but in prescribing the consequences of a failure …
Regional Projects Require Regional Planning: Human Rights Impacts Arising From Infrastructure Projects, Abby Rubinson
Regional Projects Require Regional Planning: Human Rights Impacts Arising From Infrastructure Projects, Abby Rubinson
Michigan Journal of International Law
Regional projects require regional planning to avoid potentially disastrous environmental and human rights abuses. Focusing on the Rio Madeira project in Brazil as a case study in the impacts of infrastructure projects, this Note identifies the harm anticipated from these projects and highlights the need for verification of official predictions of such harm. It then proceeds to a legal analysis, addressing the applicable international law, Brazilian law, and regional legal frameworks and outlining the negative legal consequences arising from inadequate impact assessments. In light of these negative legal implications, the Note concludes by illustrating the need to proceed with planning …
Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak
Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak
Michigan Journal of International Law
This Note seeks to explore the origins, scope, and key possibilities of an evolving right to the truth. It will argue that truth is not only an essential component of the universally recognized "right to an effective remedy," but that it also serves as the gateway to a broader reparative framework necessary for victims of gross human rights abuse. The analysis shall span the Inter-American, European, and United Nations systems of human rights protection, and also will treat the burgeoning idea of the truth commission, a very prominent means of extra-judicial inquiry in contemporary transitional societies. At the conclusion, the …
Using Immigration Law To Protect Human Rights: A Critique Of Recent Legislative Proposals, William J. Aceves, Paul L. Hoffman
Using Immigration Law To Protect Human Rights: A Critique Of Recent Legislative Proposals, William J. Aceves, Paul L. Hoffman
Michigan Journal of International Law
This Article critiques several legislative proposals that sought to impose immigration restrictions on serious human rights abusers. Part I provides a brief overview of the international restrictions on immigration relief. In particular, it focuses on those restrictions that limit immigration relief available to individuals who have committed serious human rights abuses. Part II then reviews the Immigration and Nationality Act (INA) and its restrictions on immigration relief. It also examines the federal agencies charged with investigating cases of serious human rights abusers in the United States. Part III describes recent legislative proposals that have sought to deny immigration relief to …